Amendment of the Constitution & Basic Structure Doctrine
1. Essential Legal Principles & Statutory Provisions
Article 368: Power of Parliament to Amend the Constitution
- Parliament may amend the Constitution by addition, variation, or repeal of any provision.
- A Constitutional Amendment Bill may be introduced only in Lok Sabha or Rajya Sabha.
- No prior recommendation or sanction of the President is required for introduction.
- There is no provision for a Joint Sitting if the two Houses disagree on a Constitutional Amendment Bill.
Categories of Constitutional Amendments
- Articles 2, 3 and 4 (Formation of States).
- Creation/Abolition of Legislative Councils (Article 169).
- Majority of total membership of each House.
- 2/3rd majority of members present and voting.
- Special Majority in Parliament.
- Ratification by at least half of the States.
Applies to federal provisions such as Articles 54, 55, 73, 162, Supreme Court, High Courts, Seventh Schedule, and Article 368 itself.
High-Yield Constitutional Amendments
1st Amendment (1951)
Added the Ninth Schedule and introduced additional restrictions relating to Article 19.
42nd Amendment (1976)
Known as the Mini-Constitution. Added Socialist, Secular, Integrity, Fundamental Duties, Tribunals, Articles 39A, 43A and 48A.
44th Amendment (1978)
Removed Right to Property as a Fundamental Right, introduced "Armed Rebellion", and protected Articles 20 & 21 during Emergency.
86th Amendment (2002)
Added Article 21A (Right to Education) and Article 51A(k).
103rd Amendment (2019)
Introduced 10% reservation for Economically Weaker Sections (EWS).
105th Amendment (2021)
Restored the powers of States to identify SEBCs.
106th Amendment (2023)
Nari Shakti Vandan Adhiniyam: 33% reservation for women in Lok Sabha and State Legislative Assemblies.
2. Evolution of the Basic Structure Doctrine
Shankari Prasad v. Union of India (1951)
Parliament can amend any provision of the Constitution, including Fundamental Rights. Constitutional Amendments are not "law" under Article 13.
Sajjan Singh v. State of Rajasthan (1965)
Reaffirmed Shankari Prasad and upheld Parliament's power to amend Fundamental Rights.
I.C. Golaknath v. State of Punjab (1967)
Held that Constitutional Amendments are "law" under Article 13. Parliament cannot abridge or take away Fundamental Rights.
Kesavananda Bharati v. State of Kerala (1973)
The most important Constitutional Law case in India.
Parliament may amend any part of the Constitution, including Fundamental Rights, but cannot destroy or alter the Basic Structure of the Constitution.
Minerva Mills v. Union of India (1980)
Struck down clauses attempting to confer unlimited amending powers upon Parliament.
Judicial Review and harmony between Fundamental Rights and DPSPs were declared part of the Basic Structure.
3. Key Elements of the Basic Structure
4. Bare Act Navigation Tips for the Exam Hall
Federal Amendment Test
Amendments affecting Articles 54, 55, 73, 162, Supreme Court, High Courts, Seventh Schedule, or Article 368 require ratification by at least 50% of State Legislatures.
President's Assent
Under Article 368(2), the President must give assent to a Constitutional Amendment Bill. It cannot be returned or vetoed.
No Joint Sitting
Constitutional Amendment Bills do not permit a Joint Sitting under Article 108. Both Houses must pass the Bill separately.
Most Important AIBE Case
Kesavananda Bharati (1973) = Birth of the Basic Structure Doctrine.
AIBE Revision Formula
Shankari Prasad → Sajjan Singh → Golaknath → Kesavananda Bharati → Minerva Mills. Parliament can amend the Constitution, but cannot damage its Basic Structure.